The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-04-21

amples of the extent to wns-ff they have been
violated in the past These sections of the acs
are expressed in plain words. A Construction
must DE given to them in the first in<ttnse cy
| the carriers and their patrons When a course
Of conduct has been adopted OF which compl. ns
is made that il violates the law, the decision
Of the question wiz rest with the courts or
with the Commission as the complaining party
may elect This is the ordinary method in
which all legislation is administered and APP
piled. and that the statute in question presents
no exceptions.
One more suggestion may properly be added.
1t appears from the numerous petitions thas
have been laid before US for preliminary adj
vice, many of them obviously upon Tie sugges>
ton if not by the procurement Of the carriers
themselves, that common comment on tbs law
by the carriers and those who have heretofore
enjoyed special favors at their hands, descrioe
the system OF penalties which the law provides
as extreme, and the risks imposed upon unin-
territorial and unwilling violaters OF its provis-
ions as enormous. Such comment seems to us
neither fair nor just. It is true that section
provides that for violation of the Law and for
failure to do an act which the law requires, tho
offending carrier shall be liable to the injured
party for the actual damage sustained, together
with q reasonable counsel or attorney fee, TO
be fixed By the court and collected with tho
costs in the case.
II is also true that section 10 imposes fine OF
s,net to exceed 5000 upon common carriers
and their officers, agents and servants who will
fully do or catiss to be done, or willingly suffer
or permit to be done, any prohibited act etc,
upon conviction in district court OF the United
States. The civil remedy described IN section
adds an attorneys fee to the existing COM
mon law right Of any injured par " TO recover
the full amount OF his damages q col ution or
affairs which can not greatly alarm corpor 7tionS
disposed TO fair dealing; while the criminal
remedy given IN section 10 obviously pertains to
intentional yiolators Of the law, and is in these
eases to be graduated by the court according to
the enermity of the offense. Good faith, exhib-
tied in an honest effort 10 carry out Che require
ments Of the Law, viii involve reasonable and
fair-minded officials in no danger OF damages or
fines. The elasticity OF the statute in their
favor is noticeable. The unjust Discrimination
OF section 2 must be in a like aee contem~
poraneous service, in the transportatioa OF ~
like kind OF traffic under substantially Similar
circumstances and conditions" The preferences
or advantage of section unjust be undue or IN
reasonable"
Throughout the act, as it now stands In a
confessedly experimental form, there is OBJ
yious and generous purpose 10 allow the Ger
pOrations ample scope in the conduct Of their
business rs common carriers for the people ami
fair consideration Of every reasonable claim,
while insisting upon just, impartial, open an0
consistent rates of charge to which every eta
zen shall be subject alike whose situation is
the same. Surely the people could not ask for
less.
The language and the tenor Of the act wholly
fail TO justify railroad managers, il any sucls
there be, who refuse to accept responsibilities,
decline to offer rates. neglect to anPcunce coz
ditions Of traffic embarrass the customary ia
tercbange Of business and impose staghatioT
upon trade, while they stick in the bark %
the phrases and expressions OF the law, inyCu Mt
l.,
more unjustifiable for railroad companies to
make use Of the general clauses of the law, ig-
nOring its modifying and charging words and
formulas in order to impose additional burdens
upon localities, trades, professions, man
ufaeturers, consumers, classes of travellers oe
employees straining and REFRESHING every con-
struction in favor OF the corporate treasury and
quoting the new law as their authority for all
manner of petty exactions. The powers Of the
Commission are entirely adequate to cope with
such conduct, the existence Of which IS not az
frmed, although it has been somewhat publicly
suggested. The same statute which enacts that
charges for like service shall be uniform 10 all,
also provides that charges in every case and for
every Kind and class OF service shall be reason
able and Just As the law is practically applied
it is said to contain many elements OF advan-
tage to the economical and profitable manage
ment of the business OF the carriers, which
they have not been slow to apprehend and take
the benefit OF.
The Commission ventures to express the hopo
that with this explanation respecting the mu-
tua, functions of the carriers and the Commits
sioners in carrying the law into effect according
TO the true intent and meaning there will be no
lack of good faith and active cooperation in
Continuing the normal activity Of every kind OF
reputable Industry and traffic throughout the
land, under favorable, fair and reasonable
terms, conceding frankly to the people all tho
rights benefits, advantages and equal privi-
leges which the ''act to regulate commerce"
was intended to secure.